Posted by
Tim Blessing on Friday, March 28, 2008 7:57:11 PM
The First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof'; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
There can be no state imposed religion on the American Public although we do use religious rituals in our public ceremonies. This has be litigated to death in the court system for the last 40 years.
The most pronounced example of this is taking religion out of public schools.
If you take religion out of public schools then you take secular humanism out of public schools.
If you teach philosophy in public schools then the courts have no business interfering in public education on this point.
The courts take the side of one person in these cases or a small group rather than looking to majority rule.
I go to church every Sunday, but there are some things I don't agree with in the service and do not participate.
The state cannot impose religion on people, but it can't prevent the free exercise thereof.
That establishment clause has been beat to death whereas the Free Exercise Clause has been violated by the Courts.
Religious Philosophy guide's most people throughout their live's.
I guess it come's down to the individual's right to not participate to the majority's right to its version of public expression in public ceremonies.
Too much wait has been given to the Establishment Clause and not enough to the Free Exercise thereof Clause.
Freedom of Speech implied at the beginning of the Republic to Political Speech and now it has metamorphized into all kinds of speech.
Does it include magazines, television, internet, and all other forms of communication.
Probably it would not with the original intent of the founders.
Freedom of Speech imply's a privilege with manners attending the use of language.
You cannot cry fire in a crowded theatre when there is no fire. Someone might get hurt, which is open to prosecution.
Can you say that you want to murder the president? No, because by law any threat against the President of the United States is open to prosecution and jail time.
Can you say that you would like Congress to impeach Bush? Yes, that is protected speech.
Speech that is related to violence against another individual or extreme in nature is considered bad manners and could be grounds for prosecution in criminal court or civil court.
Public Figures have a problem in this area because they open themselves up to public scrutiny.
There are, however, two types of public figures: politicians and/or celebrities. Politicians have to deal with all kinds of scrutiny because their in charge of government.
Celebrities who do not chose to enter the public arena have more power to move against the press.
The Press say's it can't be regulated by the Federal Government I wonder what they say about the Interstate Commerce Clause in the Constitution.
The right of the people to peaceable assemble.
That mean's the riots in the 1960s is illegal.
That mean's the anti-nuclear protests in the early 80s where legal.
What Code Pink does to government property is illegal because it represent's violence.
Non-violent protests can go on all the time, but the 1960s represent an insurrection that can be put down with military force.
Destruction of property can lead to civil action and/or criminal action if we get technical about it.
The Right to petition the government for redress of grievances
The latest example of that is extreme African American Groups to get raparations for slavery.
I would assume with all of the legislation passed in the sixties that issue would have been settled.
Native Americans could file for redress of grievances on this aspect of the First Amendment.
Its a normal procedure by the system, but what constitute's redress of grievances: money or other form of compensation.
Property Owners could operate on this principle who lose their property for any number of reasons.
The key is how to do resolve the issue: Court or Congress.